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J. B. PARDIWALA, K. V. VISWANATHAN
Rajadurai – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Item No.1-SLP (Crl.) No.4729/2026
1. The petitioner has been denied regular bail by the High Court in connection with the First Information Report bearing No.11 of 2025 registered with Kottampati Police Station, District Madurai for the offence punishable under Sections 8(c) 20(b) (ii) (c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 respectively (for short, “the NDPS Act”).
2. The contraband involved in the present case is 22.950 kgs of ganja.
3. The learned counsel appearing for the petitioner would submit that her client is in judicial custody past more than one year. We are informed that although charge has been framed by the Trial Court yet till this date not a single witness has been examined.
4. In the facts and circumstances of this case, we are persuaded to exercise our discretion in favour of the petitioner.
5. We order that the petitioner be released on bail forthwith, if not required in any other case, subject to the terms and conditions that the Trial Court may deem fit to impose.
6. The Special Leave Petition stands disposed of.
7. Pending application(s), if any, shall stand disposed of.
Item No. 1.1.-SLP(Crl) No. 5842/2026
1. After arguing the
Bail – Seizure of Ganja – Bail can be granted to accused where period of custody is long and not a single witness has been examined.
Accused granted bail due to lack of prior criminal record and intermediate quantity of contraband, coupled with significant stage in investigation.
Lengthy custody without prior criminal records can justify bail despite rigorous statutory conditions.
The main legal point established in the judgment is that the quantity of the seized contraband and its classification as a commercial quantity under the NDPS Act influenced the court's decision in gr....
The court has the discretion to grant bail, taking into consideration the circumstances of the case, including the length of detention and the nature of the alleged offence.
A request for bail was denied based on the risk of misuse of liberty by the petitioner, supported by prior criminal cases.
The court ruled that when the investigation is nearly complete and the accused has been in custody for a significant period, bail may be granted under reasonable conditions.
Court grants bail under NDPS Act due to lack of antecedents and investigation completion.
The court emphasized the importance of evaluating the risk of re-offending when considering bail in cases involving serious criminal charges.
The quantity of contraband seized and evidence of habitual offending are crucial factors in determining bail under the NDPS Act.
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